HomeMy WebLinkAbout2013-03-27 Planning & Zoning Packet - Work SessionAGENDA
CITY OF KENAI
PLANNING & ZONING COMMISSION
WORK SESSION
March 27, 2013
6 p.m. — 7 p.m. and immediately
Following meeting if needed
1. Call to Order
2. Roll Call
3. Approval of Agenda
4. Commission Discussion
Y PZ13 -09 —A resolution of the Kenai Planning and Zoning Commission
recommending Kenai City Council amend Kenai Municipal Code Section
14.24.020 General Requirements - Development Requirements Table by altering
setback requirements for residential uses, and merging KMC 14.24.030 into KMC
14.24.020 and deleting KMC 14.24.030.
➢ PZ13 -12 — A resolution of the Kenai Planning and Zoning Commission
recommending the Kenai City Council adopt amendments to the Kenai Municipal
Sections 14.24.200, Accessory Structures, 14.20.320, Definitions and 14.22.010
Land Use Table to allow Accessory Structures to be placed, by Condition al Use,
on residential parcels that do not have a main building or use if the same owner
owns an adjacent residential parcel.
*Public Participation: Public comments will be allowed on a limited basis throughout
the review.
5. Adjournment
* Public comment limited to three (3) minutes per speaker; thirty (30) minutes aggregated.
The Commission may relax this restriction.
" "Village with a Past, C# with a Future'
210 Fidalgo Avenue, Kenai, Alaska 99611 -7794
Telephone: 907 - 283 -7535 / FAX: 907 - 283 -3014 tlll�I
1992
MEMO:
TO: Planning & Zoning Commission
r
FROM: Nancy Carver, Planning & Zoning Assistant
u
DATE: March 13, 2013
SUBJECT: PZ13 -09 - A RESOLUTION OF THE KENAI PLANNING AND ZONING
COMMISSION RECOMMENDING THAT KENAI CITY COUNCIL AMEND
THE KENAI MUNICIPAL (KMC) SECTION 14.24.020, GENERAL
REQUIREMENTS - DEVELOPMENT REQUIREMENTS TABLE, BY
ALTERING SETBACK REQUIREMENTS FOR RESIDENTIAL USES AND
MERGING KMC SECTION 14.24.030, ADDENDUM TO DEVELOPMENT
REQUIREMENTS TABLES, INTO KMC 14.24.020 AND DELETING KMC
14.24.030 FOR PURPOSES OF CLARITY.
At the February 13, 2013, Planning Commission meeting the Commission reviewed the
above - referenced resolution and requested it come back as a work session item. As
mentioned in the February 6th memo, the resolution is the result of a review of the
setback requirements for residential properties adjacent to rights -of -way or access
easements.
The original recommendation required one 25 -foot (25') front setback which is
determined from the primary right -of -way or access easement. When parcels are
bounded by multiple rights -of -way or access easements, the remaining setbacks
adjacent to rights -of -way or access easements will meet 20 -foot (20') rear setback
requirements.
Commissioner Knackstedt recommended the City amend the front setback to 20 -feet
(20) to be consistent with the Kenai Peninsula Borough and City of Soldotna. After
further review of the code, plat files, and area properties, administration is
recommending the front setback be reduced to 20 -feet (20').
Administration would also like to propose the Commission discuss amending KMC
section 14.20.200 Accessory structures, by removing (1) and (5) which permits
unoccupied accessory structures be placed within ten -feet (10) of the front property
line.
This amendment also eliminates KMC 14.24.030 by combining the requirements in the
addendum into the footnotes of KMC 14.24.020. This will provide clarity and eliminate
potential confusion.
For discussion purposes, examples will be provided at the meeting. Administration is
recommending these changes and unless the Commission directs otherwise, a public
hearing will be scheduled for the April 10, 2013 Commission meeting.
V
"V'�laye with a Past, Ct� wdh a Future'
210 Fidalgo Avenue, Kenai, Alaska 99611 -7794
Telephone: 907 - 283 -7535 / FAX: 907- 283 -3014 1IIII,I
1992
MEMO:
TO: Planning & Zoning Commission
FROM: Nancy Carver, Planning & Zoning Assistant
:J
DATE: February 6, 2013
SUBJECT: PZ13 -09 - A RESOLUTION OF THE KENAI PLANNING AND ZONING
COMMISSION RECOMMENDING THAT KENAI CITY COUNCIL AMEND
THE KENAI MUNICIPAL (KMC) SECTION 14.24.020, GENERAL
REQUIREMENTS - DEVELOPMENT REQUIREMENTS TABLE, BY
ALTERING SETBACK REQUIREMENTS FOR RESIDENTIAL USES AND
MERGING KMC SECTION 14.24.030, ADDENDUM TO DEVELOPMENT
REQUIREMENTS TABLES, INTO KMC 14.24.020 AND DELETING KMC
14.24.030 FOR PURPOSES OF CLARITY.
This resolution is the result of a review of the setback requirements for residential
properties which are adjacent to rights -of -way or access easements. The existing code
requires a 25 -foot (25') front setback measured from any right -of -way or access
easement. In some cases, this requires three (3) front setbacks. Requiring front
setbacks for residential uses on all sides of a parcel that have right -of -way or easement
access imposes an unnecessary restriction on residential developments.
The amended code will require one 25 -foot (25') front setback which is determined from
the primary right -of -way or access easement. When parcels are bounded by multiple
rights -of -way or access easements, the remaining setbacks adjacent to rights -of -way or
access easements will meet rear setback requirements. For discussion purposes,
examples will be provided at the meeting.
This amendment also eliminates KMC 14.24.030 by combining the requirements in the
addendum into the footnotes of KMC 14.24.020. This will provide clarity and eliminate
potential confusion.
Administration is recommending these changes and unless the Commission directs
otherwise, a public hearing will be scheduled for the February 27, 2013 Commission
meeting.
CITY OF KENAI
PLANNING AND ZONING COMMISSION
RESOLUTION NO. PZ13 -09
A RESOLUTION OF THE KENAI PLANNING AND ZONING COMMISSION RECOMMENDING
THAT KENAI CITY COUNCIL AMEND THE KENAI MUNICIPAL (KMC) SECTION 14.24.020,
GENERAL REQUIREMENTS - DEVELOPMENT REQUIREMENTS TABLE, BY ALTERING
SETBACK REQUIREMENTS FOR RESIDENTIAL USES AND MERGING KMC SECTION
14.24.030, ADDENDUM TO DEVELOPMENT REQUIREMENTS TABLES, INTO KMC 14.24.020
AND DELETING KMC 14.24.030 FOR PURPOSES OF CLARITY.
WHEREAS, the Development Requirement Table in KMC 14.24.020, General requirements, currently
requires that front setback distances apply to any side of a parcel that has access from a right -of -way or
access easement; and,
WHEREAS, KMC 14.24.030, Addendum to development requirements tables requires front setbacks for
side yards that have access to right -of -ways or access easements; and,
WHEREAS, requiring front setback distances for residential uses on all sides of a parcel that have right -
of -way or easement access imposes an unnecessary restriction on residential developments; and,
WHEREAS, for residential uses, requiring front setbacks to apply to only one side of a parcel where
parcel access is available from more than one right -of -way or access easement and applying rear setbacks
to other parcel sides with right -of -way or access easement access will allow greater flexibility for
residential developments without adversely impacting the intent of the City's planning and zoning
ordinances; and,
WHEREAS, both KMC 14.24.020 and KMC 14.24.030 provide similar requirements regarding setbacks;
and,
WHEREAS, combining the setback requirements into one code section will provide clarity and eliminate
potential confusion.
NOW, THEREFORE, BE IT RECOMMENDED THAT THE COUNCIL OF THE CITY OF
KENAI, ALASKA, AMEND KENAI MUNICIPAL CODE as follows:
Section 1. Form: That this is a Code ordinance.
Section 2. Amendment of Section 14.24.020 of the Kenai Municipal Code: That Kenai Municipal
Code, Section 14.24.020 General requirements, is hereby amended as follows:
New Text Underlined; (DELETED TEXT BRACKETED]
Resolution PZ13 -09
14.24.020 General requirements.
Table 14.24.020
DEVELOPMENT REQUIREMENTS TABLE
ZONING DISTRICTS
USES
C /RR
RRl
RS
RSl
RS2
RU /TSH
IL /IH /CC /CG /CMU
R
ED
LC
MINIMUM LOT
90
90
60
60
60
60
See individual sections
90
90
90
WIDTH (feet)
of Code for
requirements
MINIMUM LOT
SIZE (feet)
Front Setback'
25
25
25
25
25
10
25
25
25
25
Side Setback'''
One -Stay'
15
15
5
5
5
5
10
15
15
15
Daylight Basement/
15
15
10
10
10
5
10
15
15
15
Split Level'
Two- Sto1y3
15
15
15
15
15
54
10
15
15
15
Rear Setback
20
20
20
20
20
to,
10
20
20
20
Maximum Lot
30%
30%
30%
30%
30%
40%
30%
30%
30%
Coverage
Maximum Height
35
35
35
35
35
35
(feet)
Footnotes:
(1) Provided that the minimum front setback is measured from any right -of -way or access easement except for residential uses where the
front setback is measured from theprimary r ght -of -way or access easement. Fo purposes of Table 14 24.020 only, the prima v r ight
of -wav oi access easement is defined as the fight -of -way or access easement that will provide theviiniary access to the proposed
development.
(2) Side setbacks are determined independently from the front view of the Structure. Plot plan /as -built will distinguish single and two -
story portions of building to verify setback distances are met. For residential uses. side setbacks that have access to ri hts -of -wav o
access easements shall meet rear setback requirements. For all other uses side setbacks that have access to hts -of -way or access
easements shall meet front setback requirements
(3) Story is that portion of a building included between the upper Surface of any floor and the upper surface of the floor next above or the
ceiling or roof above.
One -story is defined as a story having direct access from grade level without a lower story. A structure having a lower story situated
below a one -story is considered a one -story structure in its entirety.
Two -story is defined as one -story plus more than one -half (1/2) the height of the lower story all situated above grade.
Daylight basement/split level is defined as one -story plus less than one -half (1/2) the height of the lower story all situated above
grade.
For purposes of these footnotes, Grade is defined as the lowest point of elevation of the finished surface of the ground between the
build ing and a line five (5) feet from the building.
(4) Except that for each story over two (2) stories, each side and rear yard shall be increased three (3) feet, but need not exceed fourteen
(14) feet for each side yard and nineteen (19) feet for the rear yard.
(5) Side setbacks for parcels within the airport perimeter Fence situated alone aircraft movement at eas amps taxiways, or parkin
aprons are exempt from the side setback occult emeits of this title The building restriction Ii a identi fed on the Airport Layout Plan
must be maintained. TARE NOT REQUIRED FOR PARCELS ALONG CERTAIN AIRPORT TAXIWAYS AND THE APRON AS
FURTHER SET FORTH IN KMC 14.24.030.)
(6) All structures in aircraft - approach zones and within eight thousand feet (8,000') o£ the main runway shall be subigct to height
ht
limitation on the basis of obstruction to iteria as shown on the current FAA -app o ed Kenai Airport Layout Plan
New'rext Underlined; [DELETED TEXT BRACKETED]
Resolution PZ13 -09
Section 3. Deletion of Section 14.24 030 of the Kenai Municipal Code That Kenai Municipal Code,
Section 14.24.030, Addendum to development requirements tables, is hereby deleted in its entirety as
follows:
[14.24.030 ADDENDUM TO DEVELOPMENT REQUIREMENTS TABLES.
(A) YARDS FOR CORNER LOTS. THE MINIMUM SIDE YARD ON THE STREET SIDE, OR
PLATTED RIGHT -OF -WAY, OR GOVERNMENT EASEMENT, OF A CORNER LOT SHALL BE
THE SAME AS THE MINIMUM FRONT YARD REQUIRED FOR THAT ZONE. THE FRONT
YARD SHALL BE DETERMINED AS BEING THE AREA BETWEEN THE MAIN ENTRANCE TO
THE BUILDING AND THE STREET, RIGHT -OF -WAY, OR GOVERNMENT EASEMENT.
(B) HEIGHT LIMITATION OF STRUCTURES NEAR AIRPORT. ALL STRUCTURES IN
AIRCRAFT - APPROACH ZONES AND WITHIN EIGHT THOUSAND FEET (8,000') OF THE MAIN
RUNWAY SHALL BE SUBJECT TO HEIGHT LIMITATION ON THE BASIS OF OBSTRUCTION
CRITERIA AS SHOWN ON THE CURRENT FAA - APPROVED KENAI AIRPORT LAYOUT PLAN.
(C) SIDE SETBACK REQUIREMENTS WITHIN THE AIRPORT PERIMETER FENCE.
PARCELS CONTAINED IN THE AIRPORT PERIMETER FENCE SITUATED ALONG AIRCRAFT
MOVEMENT AREAS, RAMPS, TAXIWAYS, OR PARKING APRONS ARE EXEMPT FROM THE
SIDE SETBACK REQUIREMENTS OF THIS TITLE. THE BUILDING RESTRICTION LINE
IDENTIFIED ON THE AIRPORT LAYOUT PLAN MUST BE MAINTAINED. 1
Section 4. Severability: That if any part or provision of this ordinance or application thereof to any
person or circumstances is adjudged invalid by any court of competent jurisdiction, such judgment shall
be confined in its operation to the part, provision, or application directly involved in all controversy in
which this judgment shall have been rendered, and shall not affect or impair the validity of the remainder
of this title or application thereof to other persons or circumstances. The City Council hereby declares
that it would have enacted the remainder of this ordinance even without such part, provision, or
application.
Section 5. Effective Date: That pursuant to KMC 1.15.070(f), this ordinance shall take effect 30
days after adoption.
NOW, THEREFORE, BE IT RESOLVED THAT THE CITY OF KENAI PLANNING AND ZONING
COMMISSION RECOMMENDS COUNCIL ADOPT AN AMENDMENT TO KENAI MUNICIPAL
(KMC) SECTION 14.24.020, GENERAL REQUIREMENTS - DEVELOPMENT REQUIREMENTS
TABLE, BY ALTERING SETBACK REQUIREMENTS FOR RESIDENTIAL USES AND MERGING
KMC SECTION 14.24.030, ADDENDUM TO DEVELOPMENT REQUIREMENTS TABLES, INTO
KMC 14.24.020 AND DELETING KMC 14.24.030 FOR PURPOSES OF CLARITY.
Dated at Kenai, Alaska this 27th day February, 2013.
CHAIR:
ATTEST:
New Text Underlined; [DELETED TEXT BRACKETED]
Suggested by:
v CITY OF KENAI
ORDINANCE NO.
AN ORDINANCE OF THE COUNCIL OF THE CITY OF KENAI, ALASKA, AMENDING
THE KENAI MUNICIPAL CODE (KMC) SECTION 14.24.020, GENERAL
REQUIREMENTS - DEVELOPMENT REQUIREMENTS TABLE, BY ALTERING
SETBACK REQUIREMENTS FOR RESIDENTIAL USES AND MERGING KMC SECTION
14.24.030, ADDENDUM TO DEVELOPMENT REQUIREMENTS TABLES, INTO KMC
14.24.020 AND DELETING KMC 14.24.030 FOR PURPOSES OF CLARITY.
WHEREAS, the Development Requirement Table in KMC 14.24.020, General
requirements, currently requires that front setback distances apply to any side of a
parcel that has access from a right -of -way or access easement; and,
WHEREAS, KMC 14.24.030, Addendum to development requirements tables requires
front setbacks for side yards that have access to right -of -ways or access easements;
and,
WHEREAS, requiring front setback distances for residential uses on all sides of a
parcel that have right -of -way or easement access imposes an unnecessary restriction
on residential developments; and,
WHEREAS, for residential uses, requiring front setbacks to apply to only one side of a
parcel where parcel access is available from more than one right -of -way or access
easement and applying rear setbacks to other parcel sides with right -of -way or access
easement access will allow greater flexibility for residential developments without
adversely impacting the intent of the City's planning and zoning ordinances; and,
WHEREAS, both KMC 14.24.020 and KMC 14.24.030 provide similar requirements
regarding setbacks; and,
WHEREAS, combining the setback requirements into one code section will provide
clarity and eliminate potential confusion.
NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF KENAI,
ALASKA:
Section 1. Form: That this is a Code ordinance.
Section 2. Amendment of Section 14.24 020 of the Kenai Municipal Code: That
Kenai Municipal Code, Section 14.24.020 General requirements, is hereby amended as
follows:
Ordinance No. -2013
Page 2 of 3
14.24.020 General requirements.
Table 14.24.020
DEVELOPMENT REQUIREMENTS TABLE
ZONING DISTRICTS
USES
C /RR
RRI
RS
RSt
RS2
RU /TSH
IL /IH /CC /CG /CMU
R
ED
LC
MINIMUM LOT
90
90
60
60
60
60
See individual sections
90
90
90
WIDTH (feet)
of Code for
requirements
MINIMUM LOT
SIZE (feet)
Front Setback'
25
25
25
25
25
10
25
25
25
25
Side Setback"'
One- Story'
15
15
5
5
5
5
10
15
15
15
Daylight Basement/
15
15
10
10
10
5
10
15
15
15
Split Level'
Two - Story'
15
15
IS
15
15
54
10
15
15
15
Rear Setback
20
20
20
20
20
10"
10
20
20
20
Maximum Lot
30%
30%
30%
30%
30%
40%
30%
30%
30%
Coverage
Maximum Height
35
35
35
35
35
35
(feet) c
Footnotes:
(1) Provided that the minimum front setback is measured from any right -of -way or access easement except for residential uses where the
front setback is measured from the Primary right -of -way or access easement Fo-pu voses of Table 14 24 020 only, the P mary right
of -way or access easement is defined as the right -of -way or access easement that will provide the in unary access to the proposed
development.
(2) Side setbacks are determined independently from the front view of the structure. Plot plan /as -built will distinguish single and two -
story portions of building to verify setback distances are met. For residential uses, side setbacks that have access to ri hts -of- ay or
access easements shall meet rear setback requirements. For all othei uses, side setbacks that have access to i ights-of-way or access
easements shall meet front setback requirements.
(3) Story is that portion of a building included between the upper surface ofany floor and the upper inn face of the floor next above or the
ceilingpr roof above.
One -story is defined as a story having direct access from grade level without a lower story. A structure having a lower story situated
below a one -story is considered a one -story structure in its entirety.
Two -story is defined as one -story plus more than one -half (1/2) the height of the lower story all situated above grade.
Daylight basement/split level is defined as one -story plus less than one -half (1/2) the height of the lower story all situated above
grade.
For purposes of these footnotes, Grade is defined as the lowest point of elevation of the finished surface of the ground between the
building and a line five (5) feet from the building.
(4) Except that for each story over two (2) stories, each side and rear yard shall be increased three (3) feet, but need not exceed fourteen
(14) feet for each side yard and nineteen (19) feet for the rear yard.
(5) Side setbacks for parcels within the airport perimeter fence situated alone aircraft movement areas, ramps taxiways, or Parking
aprons are exempt from the side setback requirements of this title The building restriction the identified on the Airport layout Plan
Must be maintained. (ARE NOT REQUIRED FOR PARCELS ALONG CERTAIN AIRPORT TAXIWAYS AND THE APRON AS
FURTHER SET FORTH IN KNIC 14.24.030.1
(6) All structures in aircraft - approach zones and within eight thousand feet (8,0001) of the main rLiuWaY shall be Subject to height
limitation on the basis of obstruction criteria as shown on the current FAA -amn o ed Kenai Airport Lavo t Plan.
New Text Underlined; [DELETED TEXT BRACKETED]
Ordinance No. -2013
Page 3 of 3
Section 3. Deletion of Section 14.24.030 of the Kenai Municipal Code: That Kenai
Municipal Code, Section 14.24.030, Addendum to development requirements tables, is
hereby deleted in its entirety as follows:
[14.24.030 ADDENDUM TO DEVELOPMENT REQUIREMENTS TABLES.
(A) YARDS FOR CORNER LOTS. THE MINIMUM SIDE YARD ON THE STREET SIDE, OR
PLATTED RIGHT -OF -WAY, OR GOVERNMENT EASEMENT, OF A CORNER LOT SHALL BE
THE SAME AS THE MINIMUM FRONT YARD REQUIRED FOR THAT ZONE. THE FRONT
YARD SHALL BE DETERMINED AS BEING THE AREA BETWEEN THE MAIN ENTRANCE TO
THE BUILDING AND THE STREET, RIGHT -OF -WAY, OR GOVERNMENT EASEMENT.
(B) HEIGHT LIMITATION OF STRUCTURES NEAR AIRPORT. ALL STRUCTURES IN
AIRCRAFT - APPROACH ZONES AND WITHIN EIGHT THOUSAND FEET (8,000') OF THE MAIN
RUNWAY SHALL BE SUBJECT TO HEIGHT LIMITATION ON THE BASIS OF OBSTRUCTION
CRITERIA AS SHOWN ON THE CURRENT FAA- APPROVED KENAI AIRPORT LAYOUT PLAN.
(C) SIDE SETBACK REQUIREMENTS WITHIN THE AIRPORT PERIMETER FENCE.
PARCELS CONTAINED IN THE AIRPORT PERIMETER FENCE SITUATED ALONG AIRCRAFT
MOVEMENT AREAS, RAMPS, TAXIWAYS, OR PARKING APRONS ARE EXEMPT FROM THE
SIDE SETBACK REQUIREMENTS OF THIS TITLE. THE BUILDING RESTRICTION LINE
IDENTIFIED ON THE AIRPORT LAYOUT PLAN MUST BE MAINTAINED.
Section 4. Severability: That if any part or provision of this ordinance or application
thereof to any person or circumstances is adjudged invalid by any court of competent
jurisdiction, such judgment shall be confined in its operation to the part, provision, or
application directly involved in all controversy in which this judgment shall have been
rendered, and shall not affect or impair the validity of the remainder of this title or
application thereof to other persons or circumstances. The City Council hereby
declares that it would have enacted the remainder of this ordinance even without such
part, provision, or application.
Section 5. Effective Date: That pursuant to KMC 1.15.0700, this ordinance shall
take effect 30 days after adoption.
PASSED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, this day of 2013
PAT PORTER, MAYOR
ATTEST:
Sandra Modigh, City Clerk
Introduced:
Adopted:
Effective:
New Text Underlined; [DELETED TEXT BRACKETED)
u
"'Villaye with a Past, Git with a Future //
MEMO:
210 Fidalgo Avenue, Kenai, Alaska 99611 -7794
Telephone: 907 - 283 -7535 / FAX: 907 - 283 -3014 tIIIII
1992
TO: Planning & Zoning Commission
FROM: 4-ilancy Carver,
Planning & Zoning Assistant
M—Al ���IFTidi NOW10191
SUBJECT: PZ13 -12 - A RESOLUTION OF THE KENAI PLANNING AND ZONING
COMMISSION RECOMMENDING THAT KENAI CITY COUNCIL ADOPT
AMENDMENTS TO KENAI MUNICIPAL SECTIONS 14.24.200,
ACCESSORY STRUCTURES, 14.20.320, DEFINITIONS AND 14.22.010
LAND USE TABLE TO ALLOW ACCESSORY STRUCTURES TO BE
PLACED, BY CONDITIONAL USE, ON RESIDENTIAL PARCELS THAT DO
NOT HAVE A MAIN BUILDING OR USE IF THE SAME OWNER OWNS AN
ADJACENT PARCEL.
Council Member Gabriel, working with administration, drafted the following amendments to
the Kenai Municipal Code. The amendments will allow individuals, through the conditional
use process, to place an unoccupied accessory structure on a vacant lot, adjacent to
commonly owned property with a main building or use.
In the past, residential property owners have been told accessory structures were not
permitted without a principally permitted use. The amendments will provide an opportunity
for property owners, to request an exception to that requirement. The conditional use
process provides the opportunity to review each request individually.
The conditional use for an accessory structure on an adjacent parcel shall expire upon
transfer of either parcel to a third party. To make the structures movable in the event of
transfer of ownership, structures will be limited to a footprint less than 400 square feet and
without a permanent foundation
Administration is in support of the amendment and unless the Commission recommends an
alternate schedule, I have set this resolution for public hearing on April 1 0'n
M
CITY OF KENAI
PLANNING AND ZONING COMMISSION
RESOLUTION NO. PZ13 -12
A RESOLUTION OF THE KENAI PLANNING AND ZONING COMMISSION RECOMMENDING
THAT KENAI CITY COUNCIL ADOPT AMENDMENTS TO KENAI MUNICIPAL SECTIONS
14.24.200, ACCESSORY STRUCTURES, 14.20320, DEFINITIONS AND 14.22.010 LAND USE TABLE
TO ALLOW ACCESSORY STRUCTURES TO BE PLACED, BY CONDITIONAL USE, ON
RESIDENTIAL PARCELS THAT DO NOT HAVE A MAIN BUILDING OR USE IF THE SAME
OWNER OWNS AN ADJACENT RESIDENTIAL PARCEL.
WHEREAS, accessory structures, such as greenhouses, sheds and other detached buildings or structures are
allowed on parcels that have a main building or use but are not allowed on parcels without a main building or
use; and
WHEREAS, Kenai Municipal Code does not currently provide a process for allowing owners of adjacent
parcels to place accessory buildings on parcels that do not have a main building or use even if the adjacent
parcel does have a main building or use; and,
WHEREAS, this ordinance is intended to allow owners of adjacent residential parcels to utilize, through the
conditional use process, adjacent commonly owned parcels similarly, with regard to accessory buildings, as
if the lot line between the properties had actually been vacated; and
WHEREAS, allowing full use of property in a responsible manner consistent with applicable planning and
zoning ordinances is in the best interest of the public; and,
WHEREAS, limiting accessory buildings on adjacent residential parcels without a main building or use, to
structures without a permanent foundation and with a footprint less than 400 square feet, protects the City
and neighbors as the structures are more easily movable in the event of a transfer of ownership, while still
allowing a reasonable use of the property; and,
NOW, THEREFORE, BE IT RESOLVED BY THE PLANNING AND ZONING COMMISSION OF THE
CITY OF KENAI, ALASKA:
Section 1. That the City of Kenai Planning and Zoning Commission recommends Council adopt
amendments to Kenai Municipal Code sections 14.24.200, Accessory Structures, 14.20.320, Definitions and
14.22.010 Land Use Table to allow Accessory Structures to be place, by Conditional Use, on residential
parcels that do not have a main building or use if the same owner owns an adjacent residential parcel, as
described below:
Section 2. Amendment of Section 14 20 200 of the Kenai Municipal Code: That Kenai Municipal
Code, Section 14.20.200 Accessory structures, is hereby amended as follows:
Res. PZ13 -12
Page 2 of 4
14.20.200 Accessory structures.
(a) Yard Requirements for Accessory Structures. Where yards are required, accessory structures shall be
subject to the same requirements as principal structures except as follows:
(1) In an RR and RS zone, the minimum front yard setback for an unoccupied attached or
detached garage or carport shall be ten feet (10');
(2) Covered but unenclosed passenger landings, or storage sheds of not more than one hundred
twenty (120) square feet and not more than one (1) story in height may extend into either
side yard or rear yard, but such structure shall not be closer than three feet (3) to an
adjoining lot;
(3) Covered but unenclosed passenger landings, or storage sheds of not more than two hundred
(200) square feet, with no side or end longer than sixteen (16) feet, and not more than one
(1) story in height may extend into the rear yard, but such structure shall not be closer than
five feet (5') to the rear lot line;
(4) Unenclosed outside stairways, fire escapes, porches, or landing places as well as cornices,
canopies, eaves, and other similar architectural features not providing additional floor space
may extend into a required side or rear yard except within three feet (3') of any lot line;
(5) Unenclosed outside stairways, fire escapes, porches, or landing places as well as cornices,
canopies, eaves, and other similar architectural features not providing additional floor space
may extend into a required front yard except within ten feet (10') of any lot line;
(6) A detached accessory building may be permitted to occupy a rear yard; provided that, not
more than one -third (1/3) of the total area of such rear yard shall be so occupied. Except as
provided in KMC 14.20.200(a)(2) and KMC 14.20.200(a)(3), setbacks, per development
tables, must be maintained if structure requires a building permit;
(7) For purposes of this section one (1) story in height is a maximum of twelve feet (12') high as
measured from the ground to the highest point of the subject structure roof.
(b) Accessory structures may be allowed as a conditional use on a residential parcel that does not have a
main building or use of the land only when the parcel on which the accessory structure Proposed is adjacent
to a parcel owned by the same owner and a main building or use is constructed or used on the adiacent
parcel. The conditional use for an accessory structure on an adjacent parcel shall expire upon transfer of
either parcel to a third party and all accessory buildings on adjacent parcels without a main building or main
use must be removed.
(c) Accessory structures allowed as a conditional use on residential parcels adjacent to a Parcel owned
by the same owner with a main structure or use of the land shall be limited to unoccupied structures without
a permanent foundation and less than 400 square feet
(Ords. 925, 1862 -2000, 1974 -2002, 2340 -2008)
Section 3. Amendment of Section 14 20 320 of the Kenai Municipal Code: That Kenai Municipal
Code, Section 14.20.320 Definitions, is hereby amended as follows:
14.20.320 Definitions.
New Text Underlined; [DELETED TEXT BRACKETED)
Res. PZ13 -12
Page 3 of 4
"Accessory building" means a detached building or structure, the use of which is appropriate, subordinate,
and customarily incidental to that of the main building or to the main use of the land and which is located on
the same lot as the main building or use, extent as allowed by a conditional use permit. An accessory
building shall be considered to be a part of the main building when joined to the ]vain building by a common
wall or when any accessory building and the main building are connected by a breezeway.
Section 4. Amendment of Section 14.22.010 of the Kenai Municipal Code: That Kenai Municipal
Code, Section 14.22.010 Land Use Table, is hereby amended as follows:
14.22.010 Land use table
LAND USE TABLE
ICEY: P = Principal Pennitted Use
C = Conditional Use
S = Secondary Use
N = Not Pennitted
NOTE: Reference footnotes on following pages for
additional restrictions
ZONING DISTRICTS
LAND USES
C
RR
Rut
RS
RSl
R82
RU
CC
CG
IL
IH
ED
R
TSH
LC
ChIU
RESIDENTIAL
One - Family Dwelling
cis
P
P
P
P
P
P
P21
sl
s'
S'
C"
P
P
P
S' /C21
Two - ,Three - Family
Dwelling
CIS
P
P
P
P
P
P
P21
S'
C
C
C32
P
P
P
SI /C21
Four - Family Dwelling
Cis
P
C3'29
P
N
N
P
P21
S'
C
C
C"
N
P
C
S' 1C21
Five - ,Six - Family Dwelling
C1S
C'
N
P
N
N
P
P"
SI
C
C
N
N
P
C
sI /C2'
Seven -or More Family
Dwelling
C1S
C'
N
Ca
N
N
P
P21
SI
C
C
N
N
P
C
S ;C21
Mobile Home Parks`
N
C
N
C
C
C
C
C
C
C
C
N
I C
N
N
C
Planned Unit Residential
Development'
cis
C
C29
C
C
C
C
C
C
C
C
N
C
C
C
C
Townhouses"
C1S
C'
C3'29
C'
C'
C
C'
C
C
C
C
C22
C
C
C
C
Accessory Building on
N
C
C
C
C
C
C
N
N
N
N
N
N
C
N
N
Parcel Without Main
Building or Use 'SIIK61 4
111.M)
COMMERCIAL
Automotive Sales
N
C
N
N
N
N
C
P
P
P
p
N
N
N
N
P
Automotive Service Stations
N
C
N
N
N
N
C
P
P
P
P
N
C
N
N
P
Banks
N
C
N
C
N
N
C
P
P
P
C
N
C
C
C
P
Business /Consumer Services
N
C
N
C
N
N
C
P
P
P
C
N
C
C
C
P
Commercial Recreation
N
C
N
C
N
N
C
P
P
C
C
N
P
C
C
P
Guide Service
N
C
N
C
N
N
C
P
P
P
P
N
P
P
C
P
Hotels/Motels
N
C
N
C
N
N
C
P
P
P
C
N
C
P
C
P
Lodge
N
C
N
C
N
N
C
P
P
P
C
N
P
P
C
P
Professional Offices
N
C
C39
C
N
N
P
P
P
P
P
N
C
P
P
P
Restaurants
N
C
N
C
N
N
C
P
P
P
C
N
C
C
C
P
Retail Business
N'°
C
N
C
N
N
C
P
P
P
P
S24
S"
C
C
P
Theater rs
N
C
N
C
N
N
C
P
P
C
C
N
P
C
Wholesale Business
N
C
N
C
N
N
C
C
P
P
P
N
S21
C
ECM
New Text Underlined; [DELETED TEXT BRACKEPED]
Res. PZ13 -12
Page 4 of 4
Dated at Kenai, Alaska this day 2013.
.. �.
ATTEST:
New Text Underlined; [DELETED TEXT BRACKETED]
/ A
ilk J Suggested by: Council Member Gabriel
CITY OF KENAI
ORDINANCE NO. XXXX - 2013
AN ORDINANCE OF THE COUNCIL OF THE CITY OF KENAI, ALASKA, AMENDING
THE KENAI MUNICIPAL CODE SECTIONS 14.24.200, ACCESSORY STRUCTURES,
14.20.320, DEFINITIONS AND 14.22.010 LAND USE TABLE TO ALLOW ACCESSORY
STRUCTURES TO BE PLACED, BY CONDITIONAL USE, ON RESIDENTIAL PARCELS
THAT DO NOT HAVE A MAIN BUILDING OR USE IF THE SAME OWNER OWNS AN
ADJACENT PARCEL.
WHEREAS, accessory structures, such as greenhouses, sheds and other detached
buildings or structures are allowed on parcels that have a main building or use but
are not allowed on parcels without a main building or use; and
WHEREAS, Kenai Municipal Code does not currently provide a process for allowing
owners of adjacent parcels to place accessory buildings on parcels that do not have a
main building or use even if the adjacent parcel does have a main building or use;
and,
WHEREAS, this ordinance is intended to allow owners of adjacent residential parcels
to utilize, through the conditional use process, adjacent commonly owned parcels
similarly, with regard to accessory buildings, as if the lot line between the properties
had actually been vacated; and
WHEREAS, allowing full use of property in a responsible manner consistent with
applicable planning and zoning ordinances is in the best interest of the public; and,
WHEREAS, limiting accessory buildings on adjacent residential parcels without a
main building or use, to structures without a permanent foundation and with a
footprint less than 400 square feet, protects the City and neighbors as the structures
are more easily movable in the event of a transfer of ownership, while still allowing a
reasonable use of the property; and,
WHEREAS, on (Date) the Planning and Zoning Commission considered Ordinance No.
(XXXX) and recommended the City Council Ordinance No. (XXXX) by P &Z
Resolution No. (XXXX);
NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF KENAI,
ALASKA:
Section 1. Form: That this is a Code ordinance.
Ordinance No. XXXY -2013
Page 2 of 5
Section 2. Amendment of Section 14.20.200 of the Kenai Municipal Code: That
Kenai Municipal Code, Section 14.20.200 Accessory structures, is hereby amended as
follows:
14.20.200 Accessory structures.
(a) Yard Requirements for Accessory Structures. Where yards are required,
accessory structures shall be subject to the same requirements as principal structures
except as follows:
(1) In an RR and RS zone, the minimum front yard setback for an
unoccupied attached or detached garage or carport shall be ten feet (10');
(2) Covered but unenclosed passenger landings, or storage sheds of not
more than one hundred twenty (120) square feet and not more than one
(1) story in height may extend into either side yard or rear yard, but such
structure shall not be closer than three feet (3') to an adjoining lot;
(3) Covered but unenclosed passenger landings, or storage sheds of not
more than two hundred (200) square feet, with no side or end longer
than sixteen (16) feet, and not more than one (1) story in height may
extend into the rear yard, but such structure shall not be closer than five
feet (5') to the rear lot line;
(4) Unenclosed outside stairways, fire escapes, porches, or landing places as
well as cornices, canopies, eaves, and other similar architectural features
not providing additional floor space may extend into a required side or
rear yard except within three feet (3') of any lot line;
(5) Unenclosed outside stairways, fire escapes, porches, or landing places as
well as cornices, canopies, eaves, and other similar architectural features
not providing additional floor space may extend into a required front yard
except within ten feet (10') of any lot line;.
(6) A detached accessory building may be permitted to occupy a rear yard;
provided that, not more than one -third (1 /3) of the total area of such rear
yard shall be so occupied. Except as provided in KMC 14.20.200(a)(2)
and KMC 14.20.200(a)(3), setbacks, per development tables, must be
maintained if structure requires a building permit;
(7) For purposes of this section one (1) story in height is a maximum of
twelve feet (12') high as measured from the ground to the highest point of
the subject structure roof.
(b) Accessory structures may be allowed as a conditional use on a residential
parcel that does not have a main buildinE or use of the land only when the parcel on
which the accessory structure proposed is adjacent to a parcel owned by the same
owner and a main building or use is constructed or used on the adjacent parcel The
conditional use for an accessory structure on an adjacent parcel shall expire upon
New Text Underlined; [DELETED TEXT BRACKETED]
Ordinance No. )OM -2013
Page 3 of 5
transfer of either parcel to a third party and all accessory buildings on adjacent
parcels without a main building or main use must be removed.
(c) Accessory structures allowed as a conditional use on residential Darcels
adjacent to a parcel owned by the same owner with a main structure or use of the land
shall be limited to unoccupied structures without a permanent foundation and less
than 400 square feet.
(Ords. 925, 1862 -2000, 1974 -2002, 2340 -2008)
Section 3. Amendment of Section 14 20 320 of the Kenai Municipal Code: That
Kenai Municipal Code, Section 14.20.320 Definitions, is hereby amended as follows:
14.20.320 Definitions.
"Accessory building" means a detached building or structure, the use of which is
appropriate, subordinate, and customarily incidental to that of the main building or to
the main use of the land and which is located on the same lot as the main building or
use, except as allowed by a conditional use permit. An accessory building shall be
considered to be a part of the main building when joined to the main building by a
common wall or when any accessory building and the main building are connected by
a breezeway.
Section 4. Amendment of Section 14.22 010 of the Kenai Municipal Code: That
Kenai Municipal Code, Section 14.22.010 Land Use Table, is hereby amended as
follows:
14.22.010 Land use table
LAND USE TABLE
KEY: P = Principal Permitted Use
C = Conditional Use
S = Secondary Use
N = Not Permitted
NOTE: Reference footnotes on
following pages for additional
restrictions
New Text Underlined: IDE=rED TEXT BRACKETED]
Ordinance No. XX�Y -2013
Page 4 of 5
ZONING DISTRICTS
LAND USES
C
RR
RRl
RS
RS]
RS2
RU
CC
CG
IL
1H
ED
R
TSH
LC
CMU
RESIDENTIAL
One- Family Dwelling
C"
P
P
P
P
P
P
P"
S'
S'
S'
C"
P
P
P
S'1C"
Two - ,Three - Family
Dwelling
C.'B
P
P
P
P
P
P
P"
Si
C
C
C"
P
P
P
S' /C'1
Pour - Family Dwelling
C'S
P
c3.29
P
N
N
P
P"
S'
C
C
C"
N
P
C
$'!C"
Five -, Six - Family Dwelling
CIS
C'
N
P
N
N
P
P"
S'
C
C
N
N
P
C
S' /C"
Seven - or More Family
Dwelling
C'°
C'
N
C'
N
N
P
P"
S'
C
C
N
N
P
C
S'iC"
Mobile Home Parl<s"
N
C
N
C
C
C
C
C
C
C
C
N
C
N
N
C
Planned Unit Residential
Development'
C"
C
C29
C
C
C
C
C.
C
C
C
N
C
C
C
C
Townhouses'
C"
C'
C3'29
C'
C'
C'
C'
C
C
C
C
C"
C
C
C
C
Accessory Buildineon
N
C
C
C
C
C
C
N
N
N
N
N
N
C
N
N
Parcel without Main
Building or Use (See KMC
14.20.200
COMMERCIAL
Automotive Sales
N
C
N
N
N
N
C
P
P
P
P
N
N
N
N
P
Automotive Service
Stations
N
C
N
N
N
N
C
P
P
P
P
N
C
N
N
P
Banks
N
C
N
C
N
N
C
P
P
P
C
N
C
C
C
P
Business /Consumer
Set' ices
N
C
N
C
N
N
C
P
P
P
C
N
C
C
C
P
Commercial Recreation
N
C
N
C
N
N
C
P
P
C
C
N
P
C
C
P
Guide Service
N
C
N
C
N
N
C
P
P
P
P
N
P
P
C
P
Ilotels. Motels
N
C
N
C
N
N
C
P
P
P
C
N
C
P
C
P
Lodge
N
C
N
C
N
N
C
P
P
P
C
N
P
P
C
P
Professional Offices
N
C
C29
C
N
N
P
P
P
P
P
N
C
P
P
P
Restaurants
N
C
N
C
N
N
C
P
P
P
C
N
C
C
C
P
Retail Business
N'°
C
N
C
N
N
C
P
P
P
P
S34
S31
C
C
P
Theaters
N
C
N
C
N
N
C
P
P
C
C
N
P
C
C
P
wholesale Business
N
C I
N
C
N
N
C
C
P
P
P
N
S14
C
C
N
Section 5. Severability: That if any part or provision of this ordinance or application
thereof to any person or circumstances is adjudged invalid by any court of competent
jurisdiction, such judgment shall be confined in its operation to the part, provision, or
application directly involved in all controversy in which this judgment shall have been
rendered, and shall not affect or impair the validity of the remainder of this title or
application thereof to other persons or circumstances. The City Council hereby
declares that it would have enacted the remainder of this ordinance even without such
part, provision, or application.
Section 6. Effective Date: That pursuant to KMC 1.15.070(1), this ordinance shall
take effect 30 days after adoption.
New Text Underlined; [DELETED TEXT BRACKETED]
Ordinance No. XXXX-2013
Page 5 of 5
PASSED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, this _ day of
, 2013.
PAT PORTER, MAYOR
ATTEST:
Sandra Modigh, City Clerk
Introduced:
Adopted:
Effective:
New Text Underlined; [DELETED TEXT BRACKETED]